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White v. White
Citations: 228 Ark. 732; 310 S.W.2d 216; 1958 Ark. LEXIS 616Docket: 5-1446
Court: Supreme Court of Arkansas; February 24, 1958; Arkansas; State Supreme Court
Mary Tygart White filed for divorce from Sam White on July 5, 1956, citing indignities that compelled her to leave him. They were married on June 29, 1952, and lived together until December 1, 1953. Mrs. White claimed Mr. White owned substantial land and cattle and sought her statutory rights to property. Initially, Mr. White denied the allegations, but Mrs. White later amended her complaint to include claims of desertion and three years of separation without cohabitation. The court granted the divorce based on the three years of separation but awarded Mrs. White $550 and a $250 attorney’s fee, denying her any claims to Mr. White's personal or real property. During the trial, Mrs. White testified about severe mistreatment, including physical violence and threats from Mr. White, and expressed fear for her safety. Her family members corroborated her claims, noting her nervous breakdown and visible signs of distress. However, several witnesses, including neighbors and friends, testified in favor of Mr. White, claiming he treated Mrs. White well and showed no signs of abuse. The conflicting testimonies presented a dispute over the nature of their relationship, ultimately leading to Mrs. White's appeal regarding the denial of her allegations of indignities and her claims to property rights. Testimony revealed that the plaintiff, Mrs. White, had a charge account at her husband’s store, which he allowed her to use freely. The court found no cause of action in favor of Mrs. White regarding her complaint, determining that both parties had been separated for over three years and were entitled to a divorce. Mrs. White failed to prove any misconduct by her husband, thus forfeiting claims for dower and alimony. Despite earning more than her husband, Mrs. White was entitled to recover $550 for expenses incurred during the divorce preparation. The court noted that the disparity in income does not automatically deny recovery rights but can be a factor in property division. The evidence presented was conflicting, and the court upheld the chancellor's findings, indicating that the plaintiff's delayed filing—2.5 years after leaving her home due to alleged indignities—weakened her case. Witness testimony, including that of Mrs. Georgia Olinghouse, contradicted Mrs. White's claims of physical abuse. Mrs. White had been previously married twice, with her first husband deceased and the second marriage ending after six weeks. She currently teaches in Wichita, earning $4,125 for a nine-month period. The court affirmed the chancellor's decision.